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A South Carolina judge has ruled that Charles Weldon Boyd cannot claim self-defense protection under the state’s “Stand Your Ground” law in the 2023 shooting death of Scott Spivey.
After a hearing that spanned four days, Circuit Court Judge Eugene Griffith ruled that Boyd’s secretly recorded phone calls with a Horry County police official showed he was seeking law enforcement help and trying to avoid responsibility.
“Credibility’s huge here,” Griffith said, according to the Post and Courier. “I really question the credibility of Weldon Boyd. I find his testimony lacking credibility in many places.”
The ruling means Boyd can now face the family’s wrongful death lawsuit in court.
Scott Spivey was killed on September 9, 2023, during a road-rage incident that happened on Camp Swamp Road in the Loris area of Horry County, South Carolina. (Obtained by Fox News)
The decision stems from the Sept. 9, 2023, shooting of the 33-year-old North Carolina insurance adjuster. Authorities said the confrontation began along Highway 9 in Horry County and escalated onto Camp Swamp Road, where Spivey was shot and killed.
Boyd and a second defendant, Kenneth “Bradley” Williams, have maintained they acted in self-defense, telling investigators that Spivey drove erratically and posed a deadly threat.
Under South Carolina’s “Stand Your Ground” law, individuals may use deadly force if they reasonably believe they are in imminent danger of death or serious bodily injury. The law also allows defendants to seek immunity from both criminal prosecution and civil lawsuits.
Judge Eugene Griffith discusses charging the jury during the sentencing phase of the trial of Tim Jones in Lexington. (Tracy Glantz/The State/Pool via USA TODAY NETWORK)
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Local prosecutors previously declined to file criminal charges after determining the shooting fell within the scope of the state’s self-defense law.
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Spivey’s family later filed a wrongful-death lawsuit, arguing Boyd and Williams escalated the encounter and were not entitled to immunity.
During the recent hearing on Feb. 20, attorneys presented witness testimony, 911 recordings and other evidence as the judge considered whether the men qualified for legal protection.
In denying Boyd’s immunity claim, Griffith said the defendant’s account was inconsistent with the physical evidence and other testimony.
While the judge has ruled that Boyd can now face the family’s civil lawsuit, a separate decision regarding Williams’ immunity is pending.
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Outside the Horry County courthouse on Feb. 20, according to the Post and Courier, the Spivey family’s attorney criticized how authorities handled the initial investigation.
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“It’s said with great power comes great responsibility, and that ain’t saying no and digging in and not looking because of arrogance, pride and political motivation,” Mark Tinsley said in a press conference.
“I subpoenaed the Attorney General’s Office to see what they had. And I’ll tell you, this pile of stuff in front me is a fraction of what they had, and they did not look at it. This is so patently clear from the word go. This is not ‘stand your ground.’ This a travesty that we are here right now.”
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